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Author: Pamela Brandwein Publisher: Cambridge University Press ISBN: 1139496964 Category : Political Science Languages : en Pages : 283
Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Author: Pamela Brandwein Publisher: Cambridge University Press ISBN: 1139496964 Category : Political Science Languages : en Pages : 283
Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Author: Pamela Brandwein Publisher: Duke University Press ISBN: 9780822323167 Category : History Languages : en Pages : 292
Book Description
Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author: Daniel Kato Publisher: Oxford University Press, USA ISBN: 0190232579 Category : Law Languages : en Pages : 229
Book Description
Liberalizing lynching: building a new racialized state' seeks to explain the seemingly paradoxical relationship between the American liberal regime and the illiberal act of lynching. Drawing on legal cases, congressional documents, presidential correspondence, and newspaper reports, Daniel Kato explores the federal government's pattern of non-intervention regarding lynchings of African Americans from the late nineteenth century through the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, this book argues that the actions and decisions of the federal government from the 1870s through the 1960s reveal that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision that was supported and maintained by all three branches of the federal government. To cement his argument, Kato develops the theory of constitutional anarchy, which crystallizes the ways in which federal government had the capacity to intervene, yet relinquished its responsibility while nonetheless maintaining authority.
Author: Chad E. Pearson Publisher: UNC Press Books ISBN: 1469671743 Category : Political Science Languages : en Pages : 325
Book Description
Through the late nineteenth and early twentieth centuries, employers and powerful individuals deployed a variety of tactics to control ordinary people as they sought to secure power in and out of workplaces. In the face of worker resistance, employers and their allies collaborated to use a variety of extralegal repressive techniques, including whippings, kidnappings, drive-out campaigns, incarcerations, arsons, hangings, and shootings, as well as less overtly illegal tactics such as shutting down meetings, barring speakers from lecturing through blacklists, and book burning. This book draws together the groups engaged in this kind of violence, reimagining the original Ku Klux Klan, various Law and Order Leagues, Stockgrowers' organizations, and Citizens' Alliances as employers' associations driven by unambiguous economic and managerial interests. Though usually discussed separately, all of these groups used similar language to tar their lower-class challengers—former slaves, rustlers, homesteaders of modest means, populists, political radicals, and striking workers—as menacing villains and deployed comparable tactics to suppress them. And perhaps most notably, spokespersons for these respective organizations justified their actions by insisting that they were committed to upholding "law and order." Ultimately, this book suggests that the birth of law and order politics as we know it can be found in nineteenth-century campaigns of organized terror against an assortment of ordinary people across racial lines conducted by Klansmen, lawmen, vigilantes, and union busters.
Author: G. Edward White Publisher: Oxford University Press ISBN: 0199930996 Category : Law Languages : en Pages : 496
Book Description
In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.
Author: Richard White Publisher: Oxford University Press ISBN: 0190619066 Category : History Languages : en Pages : 912
Book Description
The Oxford History of the United States is the most respected multivolume history of the American nation. In the newest volume in the series, The Republic for Which It Stands, acclaimed historian Richard White offers a fresh and integrated interpretation of Reconstruction and the Gilded Age as the seedbed of modern America. At the end of the Civil War the leaders and citizens of the victorious North envisioned the country's future as a free-labor republic, with a homogenous citizenry, both black and white. The South and West were to be reconstructed in the image of the North. Thirty years later Americans occupied an unimagined world. The unity that the Civil War supposedly secured had proved ephemeral. The country was larger, richer, and more extensive, but also more diverse. Life spans were shorter, and physical well-being had diminished, due to disease and hazardous working conditions. Independent producers had become wage earners. The country was Catholic and Jewish as well as Protestant, and increasingly urban and industrial. The "dangerous" classes of the very rich and poor expanded, and deep differences -- ethnic, racial, religious, economic, and political -- divided society. The corruption that gave the Gilded Age its name was pervasive. These challenges also brought vigorous efforts to secure economic, moral, and cultural reforms. Real change -- technological, cultural, and political -- proliferated from below more than emerging from political leadership. Americans, mining their own traditions and borrowing ideas, produced creative possibilities for overcoming the crises that threatened their country. In a work as dramatic and colorful as the era it covers, White narrates the conflicts and paradoxes of these decades of disorienting change and mounting unrest, out of which emerged a modern nation whose characteristics resonate with the present day.
Author: Jeffrey S. Selinger Publisher: University of Pennsylvania Press ISBN: 0812247973 Category : History Languages : en Pages : 264
Book Description
How did party opposition become a regular and "normal" feature of the American political landscape? Jeffrey S. Selinger tells a story of political transformation in the United States and offers a much-needed historical perspective on the challenges of governance in a polarized nation.
Author: Lawrence Lessig Publisher: Oxford University Press ISBN: 0190932562 Category : Law Languages : en Pages : 448
Book Description
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Author: G. Edward White Publisher: Oxford University Press ISBN: 0199930988 Category : History Languages : en Pages : 681
Book Description
Included in the coverage of this volume are the interactions between European and Amerindian legal systems in the years of colonial settlement; the crucial role of Anglo-American theories of sovereignty and imperial governance in facilitating the separation of the American colonies from the British Empire in the late eighteenth century; the American "experiment" with federated republican constitutionalism in the founding period; the major importance of agricultural householding, in the form of slave plantations as well as farms featuring wage labor, in helping to shape the development of American law in the eighteenth and nineteenth centuries; the emergence of the Supreme Court of the United States as an authoritative force in American law and politics in the early nineteenth century; the interactions between law, westward expansion,
Author: Orville Vernon Burton Publisher: Harvard University Press ISBN: 067425886X Category : Law Languages : en Pages : 465
Book Description
“[A] learned and thoughtful portrayal of the history of race relations in America...authoritative and highly readable...[An] impressive work.” —Randall Kennedy, The Nation “This comprehensive history...reminds us that the fight for justice requires our constant vigilance.” —Ibram X. Kendi “Remarkable for the breadth and depth of its historical and legal analysis...makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.” —Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings. In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
Author: Pamela Brandwein
Author: Pamela Brandwein
Author: Pamela Brandwein
Author: Daniel Kato
Author: Chad E. Pearson
Author: G. Edward White
Author: Richard White
Author: Jeffrey S. Selinger
Author: Lawrence Lessig
Author: G. Edward White
Author: Orville Vernon Burton